For those unfamiliar with the process, child custody is one issue they would just as soon not get involved with. Unfortunately, since divorce brings with it the difficult problems of child custody and other attendant conflicts, people are now needing to learn more about certain aspects of it.
The following are some of the most commonly repeated questions from people who are unfamiliar with the subject. The answers provided represent answers collected from various child custody attorneys. While it is obvious that child custody laws are not the same for all states, the following answers are couched in general terms. Certainly, you must consult local experts to determine whether these answers apply to your own situation.
What Is Custody? "Custody" determines who is responsible for the child or children in cases when their parents do not live together. This will apply to couples who are separated, divorced, or who have never been married to each other.
How Does Legal Custody Differ From Physical Custody? When a parent has been granted physical custody, it refers to the situation in which the child will spend time living at home with that parent on a routine basis. If the custody is specified as "joint physical custody", then the child is bounced back and forth between the parent's homes.
When a parent is granted "sole legal custody", then that parent has the sole legal right to make all the decisions in regard to the child's health, education, and overall welfare (doctors, schools, etc). Where "joint legal custody" is ruled, both parents will be able to share in making the important decisions.
How is a Decision Made? A judge usually gives his or her approval to a custody plan agreed on by the parents. If the parents cannot agree, they will have to speak with a mediator or counselor to help work out a plan. The judge will make the decision on any disputed issues that both parties are unable to resolve.
Can a Child Still See a Parent Not Awarded Physical Custody? Certainly. The court will usually issue an order stating that the non-custodial parent be given generous visitation rights with the child. However, this can, and will, be restricted in cases where domestic violence has occurred or is suspected, or in cases where a parent's ability to care for the child is under question.
What Happens When A Custodial Parent Obstructs The Child's Visit To The Other Parent? The non-custodial parent can ask the court for a "contempt" order. The parent who is denying visitation can receive court sanctions. If it can be proven that it was done intentionally, the non-custodial parent may have grounds to sue to be granted the child's custody. The judge usually will first require the couple to attempt to work out things with the help of a mediator.
Can A Custody Arrangement Be Altered If It Doesn't Work? Parents usually are able to change a custody arrangement that doesn't work, provided they are able to suggest a new plan, and they then ask the judge to make it official. If the parents continue to disagree, they can ask the judge to decide on the changes. The judge's decision will be based on the best interests of the child. This can be difficult if the child has been well-cared for, or if the original custody plan has been in place for some time.
Can Anybody Besides The Parents Be Given Custody Over A Child? In some States, including California, a judge is required to give consideration to the parents first, either singly or jointly. However, a judge can give custody to either a relative (a grandmother, step-parent) or a friend, with or without the parents' consent. This can occur where the judge anticipates that granting custody of the child to either on of the parents would be detrimental to the child.
The following are some of the most commonly repeated questions from people who are unfamiliar with the subject. The answers provided represent answers collected from various child custody attorneys. While it is obvious that child custody laws are not the same for all states, the following answers are couched in general terms. Certainly, you must consult local experts to determine whether these answers apply to your own situation.
What Is Custody? "Custody" determines who is responsible for the child or children in cases when their parents do not live together. This will apply to couples who are separated, divorced, or who have never been married to each other.
How Does Legal Custody Differ From Physical Custody? When a parent has been granted physical custody, it refers to the situation in which the child will spend time living at home with that parent on a routine basis. If the custody is specified as "joint physical custody", then the child is bounced back and forth between the parent's homes.
When a parent is granted "sole legal custody", then that parent has the sole legal right to make all the decisions in regard to the child's health, education, and overall welfare (doctors, schools, etc). Where "joint legal custody" is ruled, both parents will be able to share in making the important decisions.
How is a Decision Made? A judge usually gives his or her approval to a custody plan agreed on by the parents. If the parents cannot agree, they will have to speak with a mediator or counselor to help work out a plan. The judge will make the decision on any disputed issues that both parties are unable to resolve.
Can a Child Still See a Parent Not Awarded Physical Custody? Certainly. The court will usually issue an order stating that the non-custodial parent be given generous visitation rights with the child. However, this can, and will, be restricted in cases where domestic violence has occurred or is suspected, or in cases where a parent's ability to care for the child is under question.
What Happens When A Custodial Parent Obstructs The Child's Visit To The Other Parent? The non-custodial parent can ask the court for a "contempt" order. The parent who is denying visitation can receive court sanctions. If it can be proven that it was done intentionally, the non-custodial parent may have grounds to sue to be granted the child's custody. The judge usually will first require the couple to attempt to work out things with the help of a mediator.
Can A Custody Arrangement Be Altered If It Doesn't Work? Parents usually are able to change a custody arrangement that doesn't work, provided they are able to suggest a new plan, and they then ask the judge to make it official. If the parents continue to disagree, they can ask the judge to decide on the changes. The judge's decision will be based on the best interests of the child. This can be difficult if the child has been well-cared for, or if the original custody plan has been in place for some time.
Can Anybody Besides The Parents Be Given Custody Over A Child? In some States, including California, a judge is required to give consideration to the parents first, either singly or jointly. However, a judge can give custody to either a relative (a grandmother, step-parent) or a friend, with or without the parents' consent. This can occur where the judge anticipates that granting custody of the child to either on of the parents would be detrimental to the child.
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